CLEAN AIR AGENCY
Date of Adoption: August 13, 2003.
Purpose: Amend Articles 1, 3, 5, 6, and 7 of Olympic Region Clean Air Agency's Regulation 1 in order to conform and align with state and federal air quality laws governing permitting and registration of companies and industries that emit air pollution.
Citation of Existing Rules Affected by this Order: Amending Articles 1, 3, 5, 6, and 7 of Olympic Region Clean Air Agency Regulation 1.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 03-11-045 on May 16, 2003.
Changes Other than Editing from Proposed to Adopted Version: Description of changes to the proposed version of amendments to Articles 1, 3, 5, 6, and 7 of ORCAA Regulation 1:
• To maintain consistency through the entirety of the Articles amended (Articles 1, 3, 5, 6 and 7), replaced remaining occurrences of the term "Authority" with "Agency" when used to refer specifically to Olympic Region Clean Air Agency.
• To maintain consistency throughout the Articles amended, remaining occurrences of the term "source," when used in the context of permitting, were replaced with "stationary source." These replacements were made in Article I definitions for emission standard," "major modification," "net emissions increase" and "potential to emit," and in Section 7.20 of Article 7.
• Per EPA Region 10 recommendations, the first use of the term "alteration" was deleted from the definition of "Notice of Construction Application" (#79) in Article 1.
• Per EPA Region 10 recommendations, the phrase "by the 1977 supplement" was added to the end of the definition for "source" (#111) in Article 1.
• Subsection 5.03 (e)(4) revised to make it clear that notification to ORCAA is required thirty days after permanent shutdown or decommissioning of a stationary source rather than thirty days after a planned shutdown of a stationary source.
• Section 7.01 was amended by removing the exception for "Subpart M" drycleaners since, according to comments from EPA Region 10, ORCAA must have a construction program for all new sources under 40 C.F.R. 63.2 including perchloroethylene dry cleaners.
• Section 7.01 (c)(2) was changed to fix a numerical error in the threshold for lead and to add a threshold for ozone depleting substances.
• Proposed new sections 7.01 (c)(4) and (5), that were added to provide an exemption for certain gasoline stations from the requirements to submit a Notice of Construction application, were removed since these exemptions conflict with the state's New Source Review program.
• Subsection titles in section 7.04, Public Involvement section, were revised for clarification according to recommendations from EPA Region 10.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 4, Amended 19, Repealed 5; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 21, Repealed 7.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
September 5, 2003
Richard A. Stedman
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-21 issue of the Register.